Sri Digamber Jain Panchayati Mandir & Jain Bhawan vs Sri Digamber Jain Samaj & others

Manoj K. Tiwari, J. (Oral)

This is plaintiff’s petition under Article 227 of the Constitution of India. Petitioner filed a suit before learned Civil Judge (S.D.), Dehradun,

which was registered as Original Suit No. 208 of 2018. Petitioner is aggrieved by the order dated 11.05.2018, whereby learned trial court withdrew the

status quo order passed with consent of the parties on 01.05.2018 and fixed 03.07.2018 for disposal of temporary injunction application.

This Court vide order dated 17.05.2018 had passed following interim order in this petition:-

“In the meantime, parties shall maintain status quo. However, office bearers of petitioner’s society shall not exercise any financial power and

they shall not take any decision which may have financial implications for petitioner society.â€​

Today learned counsel for the parties submit that since the trial court is yet to decide the temporary injunction application of the petitioner, therefore,

the trial court be asked to take decision on the said application at the earliest.

Accordingly, writ petition stands disposed of with a request to learned trial court to consider and decide the temporary injunction application of the

petitioner on or before 15.07.2018. Till disposal of temporary injunction application, interim order dated 17.05.2018 passed by this Court shall remain

effective. This will not preclude petitioner from seeking permission from trial court for payment of salary to the employees, out of the funds of the

society.

Let certified copy of this order be supplied to the parties within 24 hours on payment of usual charges.